the u.s. supreme court said we don't put mentally retarded people to death but we'll let the states determine who's restarted and who's not. he was 70, borderline retardation. but how do you conduct yourself in ordinary life, seaman second class in the navy. described as the leader of his family. buys a car, a motorcycle. the judge says i don't find it beyond a reasonable doubt that he's mentally retarded. that's the back story. >> joey, it says, the defendant may be found guilty but mentally retarded. those are their words and thus spared the death penalty if the jury and the court finded beyond a reasonable doubt that the defendant is guilty of the crime charged and is mentally retarded. those words seem crucial here. so is explain to me the difference between beyond a reasonable doubt, and preet ponderance of the evidence. what's the difference there? >> absolutely. what happens, john, we don't want the defendant feigning, right, pretending the. so georgia, the only state in the union, by t